IMPORTANT NEW PRACTICE ON THE RIGHT TO RECTIFY INFORMATION IN TENDERS AFTER THE DEADLINE
THE EASTERN HIGH COURT HAS ON OCTOBER 10. ON OCTOBER 10, 2023, THE EASTERN HIGH COURT UPHELD THE COURT OF FREDERIKSBERG'S JUDGMENT IN THE EXPONENT CASE, ACCORDING TO WHICH THE RIGHT TO RECTIFY DEFECTIVE REFERENCES THAT DID NOT MEET THE MINIMUM REQUIREMENTS FOR THE REFERENCES IS EXTENDED COMPARED TO PREVIOUS COMPLAINTS BOARD PRACTICE
On October 10, 2023, the Eastern High Court ruled in the case, Exponent v. Gentofte Municipality, and relaxes the Complaints Board for Public Procurement's restrictive practice in relation to the contracting entity's access to rectify conditions in applications and tenders that do not meet the contracting entity's set minimum requirements.
The Complaints Board's previous practice in this area has meant that contracting entities have been prevented from obtaining additional references where a tenderer has submitted references in its ESPD that do not meet the contracting entity's minimum requirements.
With the High Court's judgment, which upholds the judgment in a previous judgment by the Court of Frederiksberg, the contracting entity's access to obtain such supplementary references is no longer barred, because the requirements for the references are stated as minimum requirements